Criminal Procedure Code, 1973, Section 439 -- Bail - Directions issued: (i) Trial Courts are directed that when an accused appear before trial Court after receiving notice from police station for filing of charge-sheet, then on his appearance such accused person is deemed to be under custody of Court and his application u/s 439 Cr.P.C. is maintainable and he may not be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Non-holding of Test Identification Parade (TIP) - Witnesses had already been exposed to accused in police station - After all, TIP is only a part of an investigation and therefore nothing more can be attached to it - It is the duty of prosecution to prove its case beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Last seen theory - Evidence of last seen witnesses consists of contradictions and inconsistencies - Testimonies of PW6 and PW7 also differ on question of when did they reach police station to report - As regarding evidence of PW10, since entire attempt..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is owner of vehicle - Vehicle involved in carrying liquor without any pass or permit - Concerned Magistrate to take immediate action for seeing that powers u/s 451 Cr.P.C. are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay of five days in lodging FIR - Victim and her father and relatives are illiterate persons belonging to labour class - Promptness in lodgement of FIR cannot be expected from them - Moreover, matter pertains to rape wherein parties normally immediately don't rush to police station..........
Criminal Procedure Code, 1973, Section 482, 169 -- Expunction of disparaging remarks against I.O - Comments/remarks so recorded against I.O were against functioning and conduct of petitioner in person and was not integral to adjudication of application u/s 169 Cr.P.C seeking release of accused for want of sufficient evidence - Moreover, Station House Officer/I.O should not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, 50 -- Recovery of 1 kg 490 gms charas - Search and seizure - Neither intimation is sent to Superior Officer, nor any entry is made in the station diary - PW9 has sent 40 gms of muddamal to FSL whereas, as per letter of FSL, it has received only 28.526 gm - No explanation as to difference in weight is..........
Arms Act, 1959, Section 25(1B)(a), 35 -- Offence u/ss 25(1-B)(a), 35 of the Act - Gangs of dacoits present on the spot of incident for the purpose of committing dacoity - After sensing presence of police officials, those miscreants hurled bombs and opened fire indiscriminately towards them - Because of opening fire by them, some of police officials injured - Seven out of..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 24 -- Murder - Robbery - Circumstantial evidence - Extra judicial confession - Accused gave extra judicial confession before PW6 - However, trial Court rejected said extra judicial confession on the ground that complainant had seen the accused in police station one day prior to said confession - Case of..........
